The Madras High Court has held that children born and brought up in Puducherry can claim Scheduled Caste (SC), Most Backward Class (MBC) or Other Backward Class (OBC) status through their mother’s native status, even where the father is a migrant from another State.
Justice D. Bharatha Chakravarthy delivered the ruling on August 27, 2026, while deciding a batch of writ petitions raising the common question of whether communal status could be traced only through the father.
Background of the Case
The petitions concerned candidates seeking admission to educational institutions or employment under the Puducherry Administration. The candidates were born and raised in Puducherry, while their mothers were native residents holding community certificates with origin status. Their fathers, however, were treated as migrants from other States.
In W.P. No.30674 of 2026, Thelagam, mother and natural guardian of minor B. Kanishhka, challenged the refusal to issue a community certificate recognising her daughter as belonging to the Hindu Vanniyakula Kshatriya MBC community of Puducherry.
The Puducherry Administration relied on the existing position that communal status could not be claimed through the mother where the father was a migrant.
Court’s Observation
The Court examined the constitutional principles governing reservation, migration and community status, along with earlier Supreme Court and Madras High Court decisions.
Justice Chakravarthy rejected the argument that communal status must necessarily follow the father because Indian society was traditionally patriarchal. The Court noted that constitutional equality could not permit such a presumption.
The Court relied substantially on the Supreme Court’s ruling in Rameshbhai Dabhai Naik, observing that the decisive consideration is the circumstances in which the child was actually brought up.
“Whether the claim is made through the father or the mother would not be the decisive factor.”
The Court further found that where a child is born and brought up in Puducherry in the mother’s community, the child may face the same social disadvantages associated with that community. It therefore held that the mother’s nativity could not be disregarded merely because the father came from another State.
Decision
The Court allowed the writ petitions and set aside the orders rejecting community certificates with origin status.
It directed that eligible petitioners be issued SC, MBC or OBC community certificates, as applicable, with native resident/origin status based on their mother’s nativity. The candidates were also held entitled to reservation benefits in education and employment under the Puducherry Administration.
The Court clarified that its order would not prevent authorities from rejecting a claim where the caste itself was falsely claimed or the mother’s Puducherry nativity was not established.
No costs were imposed, and the connected miscellaneous petitions were closed.
Case Details
Case Title: Thelagam v. The Union Territory of Puducherry and Others
Case Number: W.P. No.30674 of 2026 and connected batch matters
Judge: Justice D. Bharatha Chakravarthy
Decision Date: August 27, 2026
